Media Law Final Exam – Freedom of Expression, Defamation, Privacy, and Media Regulation
Study Guide
statutes - correct answer ✔✔written law by legislative bodies, such as Congress, state, county
or city laws to respond to or predict and prevent social problems
common law - correct answer ✔✔a system of law based on precedent and customs
equity law - correct answer ✔✔Law created by judges to apply general principles of ethics and
fairness, rather than specific legal rules, to determine the proper remedy for legal harm.
injunction - correct answer ✔✔an authoritative court order prohibiting a person or organization
from doing a specific act
administrative rules - correct answer ✔✔orders by administrative agencies through the
executive branch requiring special expertise
executive orders - correct answer ✔✔orders from a government executive; one that has a force
of law
writ of certiorari - correct answer ✔✔Permission granted by a higher court to allow a losing
party in a legal case to bring the case before it for a ruling; when such a writ is requested of the
U.S. Supreme Court, four of the Court's nine justices must agree to accept the case before it is
granted certiorari.
summary judgment - correct answer ✔✔a judgment decided by a trial court without that case
going to trial; a summary judgment is an attempt to stop a case from going to trial
strict scrutiny - correct answer ✔✔government must show that it's using the least restrictive
means to directly advance government's compelling interest
,content-based laws - correct answer ✔✔laws enacted because of their message/ideas in
speech, is the least likely to be upheld. Must show that there is a compelling interest and that
it's narrowly drawn by the least restrictive means
content-neutral laws - correct answer ✔✔laws that restrict when, where, and how ideas are
expressed, generally receives intermediate scrutiny
traditional public forum - correct answer ✔✔Lands designed for public use and historically used
for public gathering, discussion and association (e.g., public streets, sidewalks and parks). Free
speech is protected in these areas.
limited public forum - correct answer ✔✔Public property or media that is made available for a
specified use; the topic or content of speech is restricted to the business at hand or objectives
of the particular group.
nonpublic forum - correct answer ✔✔government-held property that is not available for public
speech and assembly purposes
chilling effect - correct answer ✔✔discouragement of a constitutional right by any government
practice that creates uncertainty about the proper exercise of a right
Brandenburg v. Ohio - correct answer ✔✔concerning disruptive speech; whether or not
exposure would cause immediate violent activity or proof that a reasonable person would act
illegally
fighting words - correct answer ✔✔words not protected by the First Amendment because the
mere utterance would inflict injury or incite immediate breach of the peace. They target an
individual and cause emotional harm or trigger violence
, hate speech - correct answer ✔✔not a legal term; any communication that belittles a person or
group on the basis of characteristics
O'Brien Test - correct answer ✔✔resulted after burning of draft card that was decided that this
is not protected speech. A three-part test used to determine whether a content-neutral law is
constitutional
Tinker test - correct answer ✔✔Court established that the school classroom is a location that is
peculiarly the marketplace of ideas where speech may only be regulated to prevent substantial
disruption to school activities. Schools cannot restrict symbolic speech unless it causes a
substantial material disruption. School officials' desire to avoid a substantial, material
disruption. The desire of school officials to avoid the unpleasantness of an unpopular view is not
enough, without substantial disruption.
The Fraser Approach - correct answer ✔✔upheld the school's decision to eliminate vulgarity
and profanity om school-sponsored events
The Hazelwood Test - correct answer ✔✔school admins have the right to determine appropriate
content of a school-sponsored newspaper to promote a positive schooling environment
false and deceptive advertising - correct answer ✔✔type of commercial speech that may be
regulated, as fraud is never protected
Central Hudson Test - correct answer ✔✔four-part test that determines when restrictions on
commercial speech satisfies First Amendment review.
1. Is the expression protected by the First Amendment?
2. is there substantial government interest?
3. does the regulation directly advance government interest?
4. is there a reasonable fit to achieving this interest?
Study Guide
statutes - correct answer ✔✔written law by legislative bodies, such as Congress, state, county
or city laws to respond to or predict and prevent social problems
common law - correct answer ✔✔a system of law based on precedent and customs
equity law - correct answer ✔✔Law created by judges to apply general principles of ethics and
fairness, rather than specific legal rules, to determine the proper remedy for legal harm.
injunction - correct answer ✔✔an authoritative court order prohibiting a person or organization
from doing a specific act
administrative rules - correct answer ✔✔orders by administrative agencies through the
executive branch requiring special expertise
executive orders - correct answer ✔✔orders from a government executive; one that has a force
of law
writ of certiorari - correct answer ✔✔Permission granted by a higher court to allow a losing
party in a legal case to bring the case before it for a ruling; when such a writ is requested of the
U.S. Supreme Court, four of the Court's nine justices must agree to accept the case before it is
granted certiorari.
summary judgment - correct answer ✔✔a judgment decided by a trial court without that case
going to trial; a summary judgment is an attempt to stop a case from going to trial
strict scrutiny - correct answer ✔✔government must show that it's using the least restrictive
means to directly advance government's compelling interest
,content-based laws - correct answer ✔✔laws enacted because of their message/ideas in
speech, is the least likely to be upheld. Must show that there is a compelling interest and that
it's narrowly drawn by the least restrictive means
content-neutral laws - correct answer ✔✔laws that restrict when, where, and how ideas are
expressed, generally receives intermediate scrutiny
traditional public forum - correct answer ✔✔Lands designed for public use and historically used
for public gathering, discussion and association (e.g., public streets, sidewalks and parks). Free
speech is protected in these areas.
limited public forum - correct answer ✔✔Public property or media that is made available for a
specified use; the topic or content of speech is restricted to the business at hand or objectives
of the particular group.
nonpublic forum - correct answer ✔✔government-held property that is not available for public
speech and assembly purposes
chilling effect - correct answer ✔✔discouragement of a constitutional right by any government
practice that creates uncertainty about the proper exercise of a right
Brandenburg v. Ohio - correct answer ✔✔concerning disruptive speech; whether or not
exposure would cause immediate violent activity or proof that a reasonable person would act
illegally
fighting words - correct answer ✔✔words not protected by the First Amendment because the
mere utterance would inflict injury or incite immediate breach of the peace. They target an
individual and cause emotional harm or trigger violence
, hate speech - correct answer ✔✔not a legal term; any communication that belittles a person or
group on the basis of characteristics
O'Brien Test - correct answer ✔✔resulted after burning of draft card that was decided that this
is not protected speech. A three-part test used to determine whether a content-neutral law is
constitutional
Tinker test - correct answer ✔✔Court established that the school classroom is a location that is
peculiarly the marketplace of ideas where speech may only be regulated to prevent substantial
disruption to school activities. Schools cannot restrict symbolic speech unless it causes a
substantial material disruption. School officials' desire to avoid a substantial, material
disruption. The desire of school officials to avoid the unpleasantness of an unpopular view is not
enough, without substantial disruption.
The Fraser Approach - correct answer ✔✔upheld the school's decision to eliminate vulgarity
and profanity om school-sponsored events
The Hazelwood Test - correct answer ✔✔school admins have the right to determine appropriate
content of a school-sponsored newspaper to promote a positive schooling environment
false and deceptive advertising - correct answer ✔✔type of commercial speech that may be
regulated, as fraud is never protected
Central Hudson Test - correct answer ✔✔four-part test that determines when restrictions on
commercial speech satisfies First Amendment review.
1. Is the expression protected by the First Amendment?
2. is there substantial government interest?
3. does the regulation directly advance government interest?
4. is there a reasonable fit to achieving this interest?
